JASON93 / LEGAL TECHSearch the reference
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Legal review · Scope & methodology

This record is not a citator check. Confirm later history and treatment before relying on it.

authority type
case
jurisdiction
federal_second_circuit
publication status
published_precedential_opinion
precedential status
binding_in_ca2
decision or issuance date
1995-03-29
subsequent history
Source read 2026-10-30 for the legal-review revisions.
negative treatment status
Official or public sources checked through 2026-10-30; comprehensive commercial citator not run.
material limitations
Saved text has no reporter page markers, so no F.3d pinpoint is given. Predates the 2002 restyling of Rule 36. Comprehensive commercial citator not run.

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Linked modules

United States v. Werber

Holding or rule used

  • Rule 36 authorizes a court to correct only clerical errors in the transcription of judgments, not to effectuate unexpressed sentencing intentions; it permits conforming the written judgment to the oral sentence but not amending the oral sentence itself, and it provides no jurisdiction to correct an error of law, including a mistaken failure to depart under the Guidelines.

Material limitation

Saved text has no reporter page markers, so no F.3d pinpoint is given. Predates the 2002 restyling of Rule 36. Comprehensive commercial citator not run.

Source

51 F.3d 342 (2d Cir. 1995): https://www.courtlistener.com/opinion/692969/united-states-v-werber/